overrenting
12-16-2007, 10:05 AM
Hi.
I recently moved back to Maryland after living overseas for a while, and I took a winter rental in an off-season resort area. I started occupying the rental Oct. 15, 2007. Before signing a lease, I corresponded with the landlord via email. At that time he specified that the unit was only available from Oct. 15 - April 30, 2008, and that after that point it went back to being a weekly summer rental so I would need to vacate by then or pay the much higher rates. At that time, I assumed that I would be occupying the unit until April.
Subsequent to returning to Maryland and moving into the apt., I accepted a job with a company 45 minutes away from where I'm living. Further, given the current state of the real estate market and knowing that I would need to find a house of my own within a few months anyway, I started looking for a house to purchase. I found a good deal earlier than expected, but I gave my landlord the heads up that I was looking at the beginning of my process (approx. Dec. 1). He responded positively saying that I was looking at the right time. The reason that I started the process as early as I did was because the lease agreement stated that it was a month-to-month arrangement.
About a week later, I e-mailed my landlord, who does not live locally, to tell him that I had found a house, my offer had been accepted, and that unless something unforeseen came up during the closing process I would be vacating the property Jan. 15.
Now the landlord is coming back and saying to me that I agreed to pay rent through April 30. I am contending that the lease is month-to-month, and while I thought I would be occupying longer than Jan. 15, circumstances have arisen that necessitate me to move in Jan. but that I am not obligated to pay for the time through April 30.
To make it more complicated, the landlord has said that if I still choose to move in Jan. I need to pay him for a "room tax" that exists in Worcester Co. since I will not be occupying the unit for 4 months and a day. Nowhere in any conversations or in the lease agreement has anything regarding a tax ever been mentioned. I actually contacted a couple of people at the Worcester County government office to inquire about this tax (it's 4% of the rental income to the landlord), and they said 1) they have never heard of a landlord going back and trying to collect this from a tenant, and 2) they would have no way of knowing if the landlord owed this tax anyway since he only has to file a form if his unit was unoccupied before.
The landlord has said I can either pay for the rent throught April, or that he will "let me off he hook" for some of it but that I will still need to pay up through Feb. 15 in addition to paying him the room tax. I don't feel that I am obligated to pay either.
Here is the exact wording from a clause in the lease:
"The term of this Agreement is month to month and shall extend to April 30, 2008, but in no event beyond April 30, 2008. However, this Agreement can be terminated at any time by Owner if Tenant violates any agreement with Owner. "
Can you please tell me who is right in this situation? In my opinion, the lease does not specify that I have to occupy until April 30, only that I need to be out by that date. The month-to-month statement is what I am operating on. There is not even anything in the lease at all that specifies how much notice I have to give the landlord upon deciding to move, and I gave him more than 30 days notice, which in my opinion is reasonable.
In closing this long message, i know that there are hardly any winter renters in this town. It's my belief that the landlord is trying to twist some words around to get me to cover rent payments in case he can't rent the unit again before May.
I have always been a model tenant, and I'm just trying to keep from being taken for more than I should, especially considering I have some hefty closing costs that are just around the corner.
What do you think?
Thank you in advance for your help. It is much appreciated.
I recently moved back to Maryland after living overseas for a while, and I took a winter rental in an off-season resort area. I started occupying the rental Oct. 15, 2007. Before signing a lease, I corresponded with the landlord via email. At that time he specified that the unit was only available from Oct. 15 - April 30, 2008, and that after that point it went back to being a weekly summer rental so I would need to vacate by then or pay the much higher rates. At that time, I assumed that I would be occupying the unit until April.
Subsequent to returning to Maryland and moving into the apt., I accepted a job with a company 45 minutes away from where I'm living. Further, given the current state of the real estate market and knowing that I would need to find a house of my own within a few months anyway, I started looking for a house to purchase. I found a good deal earlier than expected, but I gave my landlord the heads up that I was looking at the beginning of my process (approx. Dec. 1). He responded positively saying that I was looking at the right time. The reason that I started the process as early as I did was because the lease agreement stated that it was a month-to-month arrangement.
About a week later, I e-mailed my landlord, who does not live locally, to tell him that I had found a house, my offer had been accepted, and that unless something unforeseen came up during the closing process I would be vacating the property Jan. 15.
Now the landlord is coming back and saying to me that I agreed to pay rent through April 30. I am contending that the lease is month-to-month, and while I thought I would be occupying longer than Jan. 15, circumstances have arisen that necessitate me to move in Jan. but that I am not obligated to pay for the time through April 30.
To make it more complicated, the landlord has said that if I still choose to move in Jan. I need to pay him for a "room tax" that exists in Worcester Co. since I will not be occupying the unit for 4 months and a day. Nowhere in any conversations or in the lease agreement has anything regarding a tax ever been mentioned. I actually contacted a couple of people at the Worcester County government office to inquire about this tax (it's 4% of the rental income to the landlord), and they said 1) they have never heard of a landlord going back and trying to collect this from a tenant, and 2) they would have no way of knowing if the landlord owed this tax anyway since he only has to file a form if his unit was unoccupied before.
The landlord has said I can either pay for the rent throught April, or that he will "let me off he hook" for some of it but that I will still need to pay up through Feb. 15 in addition to paying him the room tax. I don't feel that I am obligated to pay either.
Here is the exact wording from a clause in the lease:
"The term of this Agreement is month to month and shall extend to April 30, 2008, but in no event beyond April 30, 2008. However, this Agreement can be terminated at any time by Owner if Tenant violates any agreement with Owner. "
Can you please tell me who is right in this situation? In my opinion, the lease does not specify that I have to occupy until April 30, only that I need to be out by that date. The month-to-month statement is what I am operating on. There is not even anything in the lease at all that specifies how much notice I have to give the landlord upon deciding to move, and I gave him more than 30 days notice, which in my opinion is reasonable.
In closing this long message, i know that there are hardly any winter renters in this town. It's my belief that the landlord is trying to twist some words around to get me to cover rent payments in case he can't rent the unit again before May.
I have always been a model tenant, and I'm just trying to keep from being taken for more than I should, especially considering I have some hefty closing costs that are just around the corner.
What do you think?
Thank you in advance for your help. It is much appreciated.
